|
MINISTRY OF
SCIENCE AND TECHNOLOGY
--------
|
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
----------------
|
|
No.
14/2016/TT-BKHCN
|
Hanoi, June 30,
2016
|
CIRCULAR
ON
THE MANAGEMENT OF THE LENDING OF FINANCES FROM THE NATIONAL SCIENCE AND
TECHNOLOGY DEVELOPMENT FUND
Pursuant to the Law of credit institutions dated
June 16, 2010;
Pursuant to the Law of science and technology
dated June 18, 2013;
Pursuant to the Government’s Decree No. 20/2013/ND-CP
dated February 26, 2013 on the functions, missions, authority and
organizational structure of the Ministry of Science and Technology;
Pursuant to the Government’s Decree No.
23/2014/ND-CP dated April 03, 2014 on the charter of organization and operation
of the National Science and Technology Development Fund;
Pursuant to the proposal by the Director of the
National Science and Technology Development Fund and the Head of the Department
of Legislation;
Minister of Science and Technology promulgates
the Circular on the management of the lending of finances from the National
Science and Technology Development Fund.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
GENERAL
Article 1. Scope
The Circular regulates the management of the
lending of finances from the National Science and Technology Development Fund
with the aim of undertaking missions in science and technology.
Article 2. Regulated entities
The Circular applies to:
1. National Science and Technology Development
Fund.
2. Organizations and individuals in need of loans
for their undertaking of science and technology missions.
3. Credit institutions and foreign banks' branches.
4. Other entities involved.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
In this Circular, the following phrases are
construed as follows:
1. The Fund refers
to the National Science and Technology Development Fund.
2. Borrowers refer
to organizations and individuals desiring and receiving loans from The Fund.
3. Delegated banks refer
to credit institutions and foreign banks' branches delegated by The Fund to
conduct lending activities.
4. Mandate to service loan refers
to The Fund's entrustment of delegated banks to certain lending activities with
the borrows of The Fund as per the laws.
5. Contract of
mandate for loan servicing (hereinafter referred to as Contract of mandate)
is a written agreement between the entity delegated to service loans and The
Fund in order to establish, amend or terminate the rights and obligations of
the parties with regard to the issuance and undertaking of mandate to service
loan.
Article 4. General principles
of lending
1. The Fund shall grant loans
for science and technology missions (referred to as projects) in conformity to
the Charter of organization and operation of the National Science and
Technology Development Fund as enclosed to the Government's Decree No.
23/2014/ND-CP dated April 03, 2014 (referred to as the Decree No.
23/2014/ND-CP) and relevant documents.
2. The Fund shall form the
Council of science and technology (referred to as the Council) for considering
and selecting, in open and equitable manner, the projects for which loan
applications have been lodged. Credit institutions or foreign banks’ branches
shall be entrusted to credit rating and relevant processes.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. Borrowers of The Fund shall
furnish written evidences of the validation of the project, financial capacities
to execute the project, economic efficiency of the project and ability to repay
the principal with interest in full and on time. Moreover, they shall provide
documents on collateral for the loan and their self-bearing of all expenses
related to such procedures.
5. Borrowers of The Fund shall
assure that the finances on loan are spent on intended purposes and that the
principal and interest are repaid punctually.
Chapter II
IMPLEMENTATION OF
LENDING ACTIVITIES
Article 5. Eligibility for loan
solicitation
1. Entities qualifying to
solicit loans from The Fund are defined in Section 2, Article 3 of the Charter
of organization and operation of the National Science and Technology
Development Fund as enclosed to the Decree No. 23/2014/ND-CP.
2. Borrowers shall be subject
to the following requirements:
a) Possess full legal and civic capacity and assume
civil responsibilities as per the laws.
b) Possess professional abilities and facilities
sufficiently to execute the loan-soliciting project as per regulations;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) Incur no tax debts or bad credit in any credit
institutions and foreign banks’ branches upon the application for loan;
dd) Have self-gained finances equal to at least 20%
of the total investment in the project.
3. Loan-soliciting projects
shall be subject to the following requirements:
a) The projects have been approved by competent authorities
that have also verified the environmental impact assessment thereof as per the
legislation on environment protection;
b) Borrowers are in lawful possession of the
technologies that are not restrained or prohibited from transfer;
c) Products of the projects are manufactured and
sold as per the laws.
Article 6. Determination of
loan interest and works that qualify for financing
1. Criteria for determination
of loan interest are defined in Section 3, Article 13 of the Charter of
organization and operation of the National Science and Technology Development
Fund as enclosed to the Decree No. 23/2014/ND-CP. Included are:
a) Interest-free loan for projects that meet these
criteria:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- The projects that create
employment and income for at least 500 (five hundred) workers directly engaged
in the production and consumption of the projects' products in regions
economically and socially disadvantaged in extreme degree. The list of regions
economically and socially disadvantaged in extreme degree is defined in
Appendix II to the Government’s Decree No. 118/2015/ND-CP dated October 12,
2015 on details and guidelines for the implementation of certain articles of
the Investment Law.
b) The loan interest rate equal to 70% of the
varying interest rate of credit-based governmental investment loan applies to
the projects that utilize the outcomes, endorsed by competent authorities, of
domestic science research and technology development of science and technology
missions accepted at the “pass” or higher level;
c) The loan interest rate equal to the varying
interest rate of credit-based governmental investment loan applies to the
projects that utilize and receive the outcomes of foreign-derived science
research and technology development in conformity with the Technology Transfer
Law.
2. Works eligible for loan
include procurement of materials, fuels, apparatus, parts; procurement of
machinery, equipment, technology lines; purchase and transfer of technologies;
employment of local and foreign specialists.
Article 7. Loan guarantee
1. The desired amount of loan
must be covered by a guarantee equal to at least 100% of the value of the loan.
2. Loan guarantee can be
provided in either of the following manners:
a) Bank guarantee;
b) Collateral that includes land use right and
housing ownership, means of transport, machinery, equipment line (including
existing or after-acquired property). The property used as a collateral must be
of identified origin and be valued by a prestigious asset valuation
organization (as listed by the Ministry of Finance). Moreover, such property
must be transferrable, liquid, dispute-free and insured against all risks for
the duration of guarantee.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 8. Limit of loan
1. The Fund shall grant loans
limited to a maximum value of 10 (ten) billion Vietnam dongs for no more than
70% of the investment capital of a project.
2. The maximum time limit of
loans for a project shall be 36 (thirty six) months.
3. The annual volume of loans
shall not exceed 20% while the outstanding loan balance shall not occupy no
more than 50% of The Fund's charter capital. The annual volume of loans
regarding the projects specified in Point a and b, Section 1, Article 6 of this
Circular shall be composed of no more than two thirds of the loans according to
the plan approved.
Article 9. Mandate to service
loan
1. Principles of mandate:
a) The Fund shall entrust loan servicing to banks
via contract of mandate.
A contract of mandate shall stipulate the duties,
rights and responsibilities of the Fund and a delegated bank and other details
negotiated in conformity to the current legislation on undertaking of
delegation, this Circular on lending of finances from the Fund and relevant
legislative documents.
b) Delegated banks shall perform professional tasks
to which they were entrusted according to the contracts of mandate, the current
legislation of credit granting by credit institutions and foreign banks’
branches to borrowers and the procedures adopted by delegated banks.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Qualify to undertake delegation according to
Article 8 of the Circular No. 30/2014/TT-NHNN dated November 06, 2014 by the
Governor of the State Bank on delegation regarding credit institutions and
foreign banks' branches (hereinafter referred to as the Circular No.
30/2014/TT-NHNN);
b) Undertake to grant credit equal to at least 30%
of the investment capital of a project granted the Fund's loan(s), unless the
Bank guarantees 100% of the borrower’s loan(s);
c) When a variety of banks meet such requirements,
the Fund shall select those with the lowest bad credit ratio upon the
delegation of bank(s).
3. Content and scope of
delegation:
The Fund shall entrust bank(s) to the following professional
tasks: credit rating; drafting and signing of loan contracts and loan guarantee
contracts; certain tasks related to loan guarantee and handling of collateral;
disbursement of loans; examination and supervision of spending of finances on
loan, collection of loan interest and other tasks in adherence to the current
legislation on delegation.
The content and scope of delegation for each loan
shall be specified in the contract of mandate.
4. Delegation fee:
The delegation fee shall be subject to negotiation
by the Fund and the delegated bank but shall not 30% lower or higher than the
delegation fee that the delegated bank announces upon the signing of a contract
of mandate for a project granted loan(s).
5. Procedure of cooperation:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) The Fund shall evaluate and choose projects
according to the criteria of science and technology. Moreover, it shall
determine the purposes of fund utilization and interest rate according to
Section 1, Article 11 of this Circular
c) The delegated bank shall check credit according
to its regulations upon its receipt of the Fund’s written inquiry into the
project recommended by the Council for the loan.
d) The Fund shall aggregate and present the
Council’s conclusion and the Bank’s credit rating result to the Fund Management
Council for approval of the loan.
dd) Basing on the Fund Management Council's written
approval of the loan, the parties shall enter a contract of mandate
specifically for the project.
e) The Fund and the delegated bank shall carry out
duties and responsibilities according to this Circular and the contract of
mandate. The detailed procedure of cooperation shall be specified in the
contract of mandate.
g) The parties shall end the contract of mandate
upon the concerned entities' fulfillment of contracted duties or upon the
termination of contract as per the laws.
Article 10. Application
1. Deadline for application:
On annual basis, the Fund shall publish the time of application on its e-portal
and provide guidelines for requirements and formalities.
2. The application shall be made
into 02 (two) sets according to the Fund’s regulations, composed of:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) The written explanation of the project applying
outcomes of science research and technology development in production and life
in resemblance to Form 02 annexed to this Circular.
c) Legal documents on the borrower: business
registration papers and corporate charter; written evidences of legal capacity;
written evidences of legal representative and written approval of loan plan(s);
d) Legal documents on the project: written
approvals by competent authorities and functional agencies of the investment
project (if available). Licenses, copyright papers on technologies used,
construction works, imports, exports and products of the project;
dd) Written evidences of the borrower’s financial
capacities, management abilities, expertise and technical facilities: audited
financial statements for the last 2 years; tax authorities’ written
confirmation; sector-based personnel for project execution; similar projects
executed; premises, factories, machinery and equipment;
e) Documents on loan guarantee: written evidences
of ownership, right of management, right of use; property valuation; insurance
against risks;
g) Other documents as specified by the delegated
bank.
3. Borrowers shall be held
responsible for furnishing adequate and truthful information and documents in
connection with their applications and be held liable to the law for the
accuracy of such information and documents.
4. Valid documents adhering to
Section 2 of this Article shall be verified by the management of the Fund as
per regulations.
Article 11. Assessment,
verification and approval
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) The Fund shall establish the Science and
Technology Council which assesses the scientific and technological aspect of
the loan-soliciting project. Such council shall be responsible for counseling
the Fund to make decisions on the loan application, amount of loan, loan interest
and loan duration.
b) The council’s quantity of members,
organizational structure and work procedure shall be subject to the regulations
of the Fund Management Council.
c) Content of assessment:
- Assess the conformity of the
project to the scope and borrowers of the Fund's loans as defined in Article 1
and Section 1, Article 5 of the Circular;
- Assess and verify the
technologies of the investment projects as per current laws.
d) The result of the Council’s assessment shall be
presented in the council’s meeting record which is then delivered to the Fund
for subsequent processing:
- If the Council recommends
the approval of the loan, the Fund shall dispatch the project's documents to
the delegated bank for credit rating;
- If the Council proposes the
rejection of the loan, the Fund shall inform the applicant in writing of the
result of project assessment.
dd) The Fund and representative member of the
Council, when requested by the Council and endorsed by the management of the
Fund, can verify the project on site prior to concluding the project
assessment.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) The delegated bank shall conduct a credit rating
for the project according to its regulations and the current government
regulation of credit institutions and foreign banks' branches.
b) The result of the delegated bank’s credit rating
shall be announced to the Fund in writing as specified in the contract of
mandate.
3. Project approval:
a) Aggregation of assessment results:
The Fund shall aggregate and present the Council’s
conclusion and the Bank’s credit rating result to the Fund Management Council
for approval. The project for which the Fund recommends the loan must also be
recommended by the Council and the delegated bank for the loan and credit
granting, respectively.
If the delegated bank does not recommend credit
granting, the Fund shall inform the applicant in writing of the result of
project assessment.
b) Announcement of result:
The fund shall be responsible for informing the delegated
bank and the applicant in writing of the Fund’s approval or rejection of the
application upon the Fund Management Council’s decision.
4. A project assessment shall
progress and conclude for the maximum duration of 06 (six) months from the date
that a valid application is received.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. After the date of loan
approval and before the signing of the contract thereof, the Fund has the right
to nullify such approval in one of the following circumstances:
a) The borrower falsifies, rig or misrepresent the
application for project execution;
b) The requirements for borrowers as defined in
Section 2, Article 5 of this Circular are violated;
c) The financing of the project overlaps other
governmental budgetary resources.
2. The borrower against whom
the approval is nullified shall be subjected to remedial measures as per
relevant regulations in effect.
Article 13. Disbursement of
loan
1. The Fund shall transfer the
amount of loan into its private account opened in the delegated bank upon the
signing of the contract of mandate.
2. The delegated bank shall
disburse such amount according to the progress of the project and the
withdrawal schedule specified in the credit contract in conformity with
relevant laws. In 03 (three) working days upon disbursement, it shall deliver
copies of relevant papers to the Fund.
3. If disbursement ceases due
to the borrower's breach of the credit contract, the delegated bank shall
inform the Fund in writing for remedial actions as per regulations.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. The Fund shall cooperate
with the delegated bank in examining the loans periodically or when required
for administrative purpose with the aim of assuring the efficiency of loan
spending.
2. The Fund shall supervise
the delegated bank’s execution of the contract of mandate in order to expedite
debt recovery and settle loan-related or relevant matters in timely manner.
3. The activities of
examination and supervision shall be documented as later grounds as per
regulations.
Article 15. Repayment
rescheduling and maturity extension
1. The Fund shall deliberate
and adjust the repayment schedule or extend debt maturity if the borrower is
incapable of repaying debt punctually due to solvable temporary difficulties.
2. The borrower must therefor
apply in writing for repayment rescheduling or maturity extension 02 (two)
months prior to a repayment deadline via Form 03 annexed to this Circular and furnish
thereof the written evidences of late repayment reasons and the new repayment
plan to the delegated bank and the Fund.
3. The Fund and the delegated
bank shall examine the adherence of loan spending to registered purposes and
verify the new repayment plan before forwarding information to the Fund's
Director or the Fund Management Council for a decision on repayment
rescheduling or maturity extension, respectively.
4. Each extension of debt
maturity shall not prolong the contracted duration of loan by more than 1/3
(one third). The total length of maturity extensions for a project shall not
exceed the duration of loan.
5. Late repayment without
repayment rescheduling or maturity extension shall render loan debt overdue and
result in the overdue interest equal to 150% of the interest within term, upon
late payment, on the principal and interest. Borrowers of interest-free loans,
when extended, shall incur the loan interest equal to the interest rate of
credit-based governmental investment loan as announced by the Ministry of
Finance.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
The Fund shall consider and decide maturity
extension in 45 (forty five) working days upon the receipt of the valid
application.
Article 16. Notification,
reporting and documentation
1. Notification and reporting:
The Fund shall be responsible for reporting to the
Ministry of Science and Technology and functional agencies about lending activities
01 (once) a year or when required for administrative purpose.
2. Documentation:
a) The delegated bank shall be responsible for
producing and retaining documents on credit as per its regulations and the
government's current regulations over credit institutions and foreign banks'
branches.
b) The delegated bank shall be responsible for
sending 01 (one) set of credit-related documents (composed of copies bearing
the bank's authentication) prior to the closure of the contract of mandate or when
requested by the Fund in writing;
c) The Fund shall be responsible for retaining
documents as per the government’s current regulations. The documents retained
include: documents furnished by borrowers initially and during the process;
letters, reports, meeting records, examination records, credit granting
decisions; contracts, financial and legal documents, papers related to the loan
and loan guarantee of contract parties.
Article 17. Rights and duties
of the Fund
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. Select delegated banks to
assure that the loan is used safely and effectively in conformity with relevant
laws.
3. Have the right to supervise
and examine the delegated banks’ execution of the contract of mandate and to
request the delegated banks’ reports, documents and information on the
execution of the contract of mandate.
4. Collaborate with delegated
banks in examining and supervising the borrowers' solicitation, utilization and
repayment of loans, the collaterals, the maturity extension and repayment
rescheduling as per regulations.
5. Refuse delegated banks’
requests contradictory to the contract of mandate, take remedial or legal
actions against delegated banks breaching the contract of mandate.
6. Transfer loan amounts and
pay the delegation fee to delegated banks in full and on time according to the
contract of mandate.
7. Execute other rights and
duties specified in the contract of mandate or required by competent government
authorities.
Article 18. Rights and duties
of borrowers
1. Refuse the requests of the
Fund and delegated bank in contradiction to the laws and the credit contract;
file complaints or lawsuits against the breach of the credit contract as per
the laws.
2. Request the dispensing of
loans when qualifying therefor.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. Furnish loan-related
information and documents to the Fund and delegated bank in full, in time and
in honesty. Cooperate with and support other parties' examination and
supervision as regulated.
5. Report to the Fund about
the result of project execution at the end of the project.
6. Be held liable to the law
for violating the credit contract.
Chapter III
IMPLEMENTATION
Article 19. Implementation
1. This Circular takes effect
as of November 01, 2016.
Decision No. 28/QD-HDQLQ dated October 05, 2011 by
the Management Council of the National Science and Technology Development Fund
on the lending of the National Science and Technology Fund shall lose effect
when this Circular comes into force.
2. If legislative documents
quoted in this Circular are amended or replaced, new legislative documents
shall prevail.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
p.p. MINISTER
DEPUTY MINISTER
Tran Quoc Khanh